Chapter M: Genet to John Adams (3)
"We, your constituents, desiring to acknowledge as we ought, the advantages our commerce will derive from the particular attention, which his Majesty has given it, from the integrity of our Parliament, the firmness of our countrymen, and the justice, which the English nation begins to render us, we declare to you, that what follows is the principal cause of our joy upon this occasion. It appears to us, that the desire of monopolising commerce was the only motive, which could make England imagine that she had a right to usurp a legitimate authority over this kingdom, and from the moment when she renounced this monopoly, she has taken away the principal obstacle, which opposed our liberty, and consequently the British nation will not continue to itself an arbitrary power, from which she can derive nothing but reducing this kingdom to slavery. We desire to know, moreover, whether the united efforts of the Parliament and people of Ireland ought to confine themselves, so as to leave this island in a state of dependence and submission to laws, to which the nation has never consented, to laws dictated by a Parliament, in which she has no representatives? Let it not be said, that this power attributed to the English Parliament is chimerical. We may see the proofs of it even in the repeal of several of the acts and in this, that several persons declare, however falsely, that this power is founded upon law. Having an equal right to political liberty and to commerce, but deprived of both; and nevertheless content to be restored to the enjoyment of a free commerce alone; will it not appear, that we absolutely give up the former? This idea would be absurd. It is then our duty to declare to the universe, that we are of right a free nation, not to be subjected to any laws, but such as are made by the King and Parliament of Ireland.
"Desirous of nothing so much as to live always in good intelligence with the British nation, on account of the union of the two Crowns, our instructions are, that you shall make the greatest efforts to obtain an act, which shall establish forever the independence of the legislative power of Ireland. We wish, moreover, that you would endeavor to qualify Poyning's law, by taking away from the privy council the legislative power. In accomplishing these important objects, you will acquire honor to yourselves, and give satisfaction to the nation.
"It is not to be doubted, that you will also fall upon some plan of economy, by making savings, which are become necessary to increase the revenue of the Crown, and improve the commerce of the nation."
It seems now very plain, that the Irish nation aspires to an independence of Great Britain the most unlimited, and acknowledges no other connexion with her but that of affection and a subjection to the same King. The troops already raised by associations amount to between sixty and seventy thousand men, which are to be forthwith augmented by ten thousand more, who are to be formed of countrymen; each officer is to furnish four, who will be clothed and paid out of the funds, that each regiment will establish for this purpose. The principal objects of these armed associations are said to be, a free and unlimited commerce to all parts of the world, except only the East Indies. The repeal of Poyning's law, passed under Henry the Seventh, and another under George the First, which restrains the legislative authority of the Irish Parliament, with an express clause, that the Parliament of Ireland ought, and shall be forever and wholly exempt from all kind of control and dependence of the British Parliament, in all cases whatsoever. That students shall no longer be obliged to go to the Temple in London, and other seminaries in England to study law. But, in future, they shall study in the University of Dublin, under proper professors, and shall be admitted to the bar in Ireland by the Lord Chancellor and the other judges, after a proper examination; the judges to be natives, except the Chancellor; the bishops also to be natives.
In the meantime, the slightest circumstances may blow up the flames of war between the two kingdoms, which would have been done some weeks ago, if the regular officers of the King's troops had not given way to the Dublin volunteers.
I have the honor to be, &c.
JOHN ADAMS.
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TO THE PRESIDENT OF CONGRESS.
Paris, March 29th, 1780.
Sir,
I think it my duty to lay before Congress what may occur in Holland, relative to the present war, at least until the arrival of Mr Laurens, whose presence is much desired there. Many appearances make it probable, that the grasping and vindictive temper of the English will compel the Republic into the war. If they do take a part, it is very certain it will be against England. As plunder and revenge are the present ruling passions of the English, it is probable, that a war with Holland is rather wished for than otherwise, because the Ministry and their principal supporters seem to have no idea, that it is possible to make things worse, and all the plunder they can get will be so much clear gain. The Dutch are so much alarmed and aroused, that it is very certain the Prince finds it necessary to give out, that he has been deceived by the English, that he has changed his sentiments, and that he will promote with all his influence unlimited convoys. It is certain, that they are fitting their men-of-war with a great deal of activity, and it is confidently affirmed, that they have made a treaty with Russia and Sweden, who are to make a common cause. The States of the Province of Friesland have come to a resolution, that it was certain Byland was not the aggressor, but that Fielding had not hesitated to make use of force to visit the Dutch ships under convoy, to stop those that were loaded with hemp, and to insult the flag of the Republic. That this proceeding shows, that the complaisance hitherto shown to England, in depriving the ships loaded with masts and ship timber of the protection of the State, in leaving them to sail alone and without convoy, has had no effects, and consequently the States judge, that a similar condescension ought no longer to take place, but, on the contrary, all merchandise whatsoever, which the treaties do not expressly declare to be contraband, ought, without the least difficulty, to be admitted under convoy, and enjoy the protection of the State, and to this effect, His Most Serene Highness ought to be requested to give orders to the commanders of the men of war, and of the squadron of the Republic, to protect, as heretofore, all merchandise.
This resolution was taken the 29th day of February, and laid before the States-General, who, after debating upon it, determined to require the deputies of the other Provinces to obtain, as soon as possible, the decision of their Provinces upon the same subject. These two Provinces, Holland and Friesland, have already decided for unlimited convoys.
Sir Joseph Yorke, on the 21st of March instant, laid before their High Mightinesses another Memorial, insisting on the aid which he had demanded before, upon condition, in case of refusal, that his master would, after three months consider all treaties between the two countries as null, and in which he contends, that the protection afforded to Captain Jones, whom he calls a pirate, in the Texel and in Amsterdam, was a violation of the treaties.
In order more clearly to comprehend the dispute between Great Britain and the States-General, it may not be amiss to observe, that by the marine treaty between the two powers, concluded at the Hague in 1667, all the subjects and inhabitants of the United Provinces may, with all safety and freedom, sail and traffic in all the kingdoms, countries, and estates, which are, or shall be in peace, amity, or neutrality with the States-General, without any hinderance or molestation from the ships of war, gallies, frigates, barques, or other vessels belonging to the King of Great Britain, or any of his subjects, upon occasion or account of any war, which may hereafter happen between the King of Great Britain and the above said kingdoms, countries, and estates, or any of them, which are, or shall be, in peace, amity, or neutrality with the States-General; and this freedom of navigation and commerce shall extend to all sorts of merchandise, excepting contraband goods. That this term of contraband goods, is to be understood to comprehend all sorts of fire arms, their appurtenances, and all other utensils of war called in French, "_servans à l'usage de la guerre_," and that under this head of contraband goods, these following shall not be comprehended; corn, wheat, or other grain, pulse, oils, wine, salt, or generally anything that belongs to the nourishment or sustenance of life, but they shall remain free, as likewise all other merchandise and commodities not comprehended in the foregoing article, and the transportation of them shall be permitted even into places at enmity with Great Britain, except such places are besieged, blocked up, or invested. Masts, yards, ship timber, and hemp, the articles now in dispute, are not contraband by this treaty, or by the law of nations. Yet Great Britain, in the hours of her insolence and madness, which are not yet at an end, makes no scruple to seize, condemn, and confiscate them. She pretends, that as the Dutch refuse to her the aid she demands by treaty, she has a right to seize upon masts, timber, and hemp, which are not prohibited by treaty. Not to enter into the inquiry, whether the present case is such, as by the treaties obliges the Dutch to furnish her aid, but admitting for argument's sake it is so, yet the consequences will not follow. It would only follow, that Great Britain was absolved from the obligation of the treaty, not by any means that she is discharged from the obligations of the law of nations.
I have the honor to be, with great respect, &c.
JOHN ADAMS.
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COUNT DE VERGENNES TO JOHN ADAMS.
Translation.
Versailles, March 30th, 1780.
Sir,
I have received the letter, which you did me the honor to write on the 21st instant. I remember very well to have said to you, that your presentation should be inserted in the Gazette of France; but, from the information I have since obtained, it seems that the presentations, whether of Ambassadors or Ministers Plenipotentiary, are not thus announced in our Gazette, and it would have the appearance of affectation to insert yours. As a substitute, I will have it mentioned, if you wish, in the _Mercure de France_, and you can take measures to have the notice repeated in the foreign gazettes.
I have the honor to be, &c.
DE VERGENNES.
_P. S._ I enclose a draft of an article, which I propose to send to the _Mercure de France_. It will not be sent till I learn your opinion of it.
* * * * *
"Mr Adams, whom the Congress of the United States has designated to assist at the conferences for a peace, when that event shall take place, arrived here some time ago, and has had the honor to be presented to the King and the royal family."
* * * * *
TO THE COUNT DE VERGENNES.
Paris, March 30th, 1780.
Sir,
I have the honor of your Excellency's letter of this day, in answer to mine of the 21st of this month. Until the receipt of it, I had taken it for granted, that the presentation of every Ambassador was regularly inserted in the Gazette of France, and until very lately, several days since the date of my letter to your Excellency of the 21st of this month, I had supposed, that the presentation of Ministers Plenipotentiary was constantly inserted likewise.
The information your Excellency has given me, that the presentation of neither Ambassadors nor Ministers Plenipotentiary have ever been inserted, has perfectly satisfied me, and I doubt not will equally satisfy my countrymen, who have heretofore been under the same mistake with myself.
I approve very much of your Excellency's proposition of inserting my presentation in the Mercury of France, and shall take measures to have it repeated in the foreign gazettes.
I have the honor to be, &c.
JOHN ADAMS.
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TO THE PRESIDENT OF CONGRESS.
Paris, March 30th, 1780.
Sir,
I have the honor to enclose to Congress copies of certain letters, which I have had the honor to write to the Count de Vergennes, and of others, which I have received from him.
It seems that the presentations of the American Commissioners and Ministers Plenipotentiary have not been inserted in the Gazette, which occasioned some uneasiness in the minds of some of our countrymen, as they thought it a neglect of us, and a distinction between our sovereign and others. The enclosed letters will explain this matter, and show, that no distinction has been made between the representatives of the United States and those of other powers.
I ought to confess to Congress, that the delicacy of the Count de Vergennes about communicating my powers is not perfectly consonant to my manner of thinking, and if I had followed my own judgment I should have pursued a bolder plan by communicating, immediately after my arrival, to Lord George Germain, my full powers to treat both of peace and commerce; but I hope Congress will approve of my communicating first to this Court my destination and asking their advice, and then pursuing it, because I think no doubt can be made, that it is my duty to conduct my negotiations at present in concert with our ally, as I have hitherto done.
I have the honor to be, &c.
JOHN ADAMS.
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TO THE PRESIDENT OF CONGRESS.
Paris, March 30th, 1780.
Sir,
There is an anecdote, which causes a great speculation at present, because it is supposed to show the tendency of things in Ireland, and what is to be expected by Great Britain, if the Ministry should oppose themselves to the wishes of the Irish nation. On the 23d of February, three bodies of volunteers, those of Dublin, commanded by Colonel John Allen, those of the Liberties, commanded by Sir Edward Newingham, and another body, commanded by Mr Taylor, assembled at the Exchange, from whence they made a long march in a circuit of four miles, accompanied with other volunteers on horseback, to the Park, the avenues of which were guarded by five other corps of volunteers.
There they went through the manoeuvres and firings, with as much celerity and precision as any regular troops. They were there reviewed by the Duke of Leinster, as General and Commander-in-Chief, accompanied with four Aids-de-Camps, and they all rendered to this nobleman military honors almost equal to those which are rendered to a King.
Returning from the review, the volunteers met in Barrack street a detachment of the royal troops marching to the castle. These required, that the volunteers should turn out of the way, and endeavored to break their ranks; but the volunteers, with their bayonets fixed and charged, stood their ground and discovered such a resolution, that the commanding officer of the King's troops ordered them to halt, and desired to speak with the Duke of Leinster. They entered into a conference. The regular troops pretended they had a right to the pavements, as the troops of the King. The volunteers, thought they had a right to keep it, as free citizens, voluntarily armed for the defence of their country, and consequently superior to mere mercenaries. They supported these arguments by preparations for battle, the people declared themselves in favor of the volunteers, by collecting together a sufficient quantity of stones, to overwhelm the troops, who at last gave way, in order to avoid a scene of blood. The next day the volunteers sent to the Viceroy an excuse, but couched in terms, which justified their conduct as necessary to maintain the liberty, independence, and dignity of the nation. I have seen so much of the spirit of the King's troops, in several contests between them and the citizens of Boston, as to know very well what all this means. The volunteers must have great confidence in their own strength, and the King's troops equal diffidence of theirs, before an altercation of this kind could terminate in this manner.
I have the honor to be, &c.
JOHN ADAMS.
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TO ARTHUR LEE, AT L'ORIENT.
Paris, March 31st, 1780.
Dear Sir,
I have received yours of the 26th, and that of the 15th of this month. I enclose a copy of the letter you desire.
M. Garnier is gone into the country, and I have not seen him since I arrived here. Mr Izard, however, has seen him, and will give you a satisfactory account of what he says.
If I were to apply to the other gentleman, you know what would be the consequence. It would fly very soon to, you know where, and I should have only the credit of meddling unnecessarily with disputes, which I have kept out of as much I could, and which it is certainly now the public interest, and consequently my duty, to keep out of as much I can. I had, therefore, rather be excused. The gentleman himself would probably give you the same answer to a letter from you directly to him, as he would give to me, unless I should use arts with him; which would be unworthy of you, as well as of me, and which I cannot use with anybody.
I shall have enough to do, to steer my little bark among the rocks and shoals. I shall have perplexities enough of my own, which I cannot avoid, and dangers too. These I shall meet with a steady mind, and perhaps none of them will be greater than that, which I think my duty, of avoiding things that do not belong to me.
Scarcely ever any Minister executed a commission for making a peace, without ruining his own reputation, in a free government. No Minister that ever existed, had a more difficult and dangerous peace to make than I have.
The gentleman you mention has hitherto been very still, but he has been well received, by all that I have learnt.
Adieu,
JOHN ADAMS.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Paris, April 3d, 1780.
Sir,
The Prince of Orange, Stadtholder, is not only supposed to have ambitious views of allying his family to that of Great Britain, but is very much influenced by the Duke of Brunswick, who is a field marshal, and commander in chief of the Dutch land forces, who is also a brother of Prince Ferdinand. The Duke is not upon the best terms with his family, because they think he is too much attached to the House of Austria. By this double attraction of England on one side, and their old friends the House of Austria on the other, it is not very surprising that His Most Serene Highness is drawn a little aside from the line of the American cause, which is now so closely connected, and likely to be more so, with the House of Bourbon. Hence it is said, that the Count de Byland is to be honorably acquitted by the court martial, and hence the embarrassments the Dutch are under, in their wishes to resent like men the unparalleled injuries, that have been done them by the English. There is, however, so much spirit in the United Provinces, as to oblige the Prince to put on the appearance of resentment at the insults offered to his flag, and to oblige the British Minister to assume the tone of menace, in order to work upon the fears of the people, whose property is so exposed as to make them dread a war with any nation whatever.
Congress will, however, be able to judge of what is doing in Holland by the following proceedings. A petition was presented to their High Mightinesses on the 25th of February, for the equipment of fiftytwo ships of war, in the following terms.
"Your High Mightinesses having thought proper by your resolution of the 17th of this month, which came to us the 22d, to require us to present to your High Mightinesses, without influencing, however, in anything the deliberations of the confederates, a petition for the sum of two million six hundred and twenty thousand five hundred and ninetyeight florins, to assist towards the one half of the necessary expense for an extraordinary equipment of fiftytwo vessels of war and frigates, which are to be put in a condition of service by the first of May, as well as of other articles more fully particularised in the report contained in the resolution of your High Mightinesses, and in the estimate enclosed with it, which we flatter ourselves were made with all possible accuracy, while the funds necessary for the half of the equipment abovementioned, will be found in the produce of certain duties.
"We have been the more zealous not to delay giving satisfaction to the requisition of your High Mightinesses, as we consider the said plan, as tending to accomplish what has been for so many years represented and advised, as well by His Serene Highness as by us, in general petitions addressed successively to your High Mightinesses, as well as to the confederates, that is to say, to put the Republic in a more respectable state of defence, by augmenting her marine and troops, an object upon which it has been again insisted in the petition of the current year, which employed such reasons and such urgent motives to this purpose, that expressions now fail us for adding anything to what has been already said; and persuaded, moreover, as we are, that the circumstances and facts, such of them as have passed in a manner so remarkable, render useless and superfluous all further reasonings, in such sort, that all these details being already perfectly understood, as well by your High Mightinesses as by the confederates, we think we may depend upon this knowledge, in expectation of the definitive resolutions of your High Mightinesses, equally salutary and unanimous, and the effect of which will be to prevent and ward off the new misfortunes, which may threaten the Republic; assured, moreover, and persuaded, that the serious intention of the confederates is to accomplish the equipment proposed with all that depends upon it, and that to this end, their High Mightinesses will be pleased, not only to give their consent to the petition of two millions six hundred and twenty thousand five hundred and ninetyeight florins, formed by the present, but also, what is more important, to furnish as soon as possible their quota to the general treasury, by which means the colleges of the Admiralty, whose duty it is to attend to the equipments, may be possessed of the means necessary to this operation at convenient periods; which will be thought more indispensably necessary, on casting an eye on the reasons more amply alleged in the report of the colleges of the Admiralty, and expressed in the resolution of your High Mightinesses, the 17th of February, to which we refer."
MEMORIAL.
On the twentyfirst of March, 1780, Sir Joseph Yorke, the British Ambassador, presented a Memorial to their High Mightinesses, of the following tenor.
"High and Mighty Lords,
"The King, my Master, has always cultivated the friendship of
your High Mightinesses, and has always considered the alliance,
which has so long subsisted between the two nations, as founded
upon the wisest principles, and as essential to their mutual
prosperity. The principal objects of this alliance, which stands
upon the immovable basis of a common interest, are the safety and
prosperity of the two States, the maintenance of the public
tranquillity, and the preservation of that just balance so often
disturbed by the ambitious policy of the House of Bourbon. When
the Court of Versailles, in direct violation of the public faith,
and of the common rights of sovereigns, had broken the peace, by
a league made with the rebel subjects of his Majesty, avowed and
declared formally by the Marquis de Noailles; when, by immense
preparations, France manifested her designs of annihilating the
maritime power of England, the King expected that your High
Mightinesses, too enlightened not to see, that the safety of the
Republic is closely connected with that of Great Britain, would
have been zealous to come to his assistance. One of the first
cares of his Majesty was, to inform your High Mightinesses of all
the circumstances of this unjust war; and in the critical
situation in which the King found himself he did not forget the
interests of his ancient allies; but, on the contrary, has shown
the most sincere desire to favor the commerce and the free
navigation of the Republic, as much as the safety of his people
could permit. He even desisted a long time from demanding the
succors stipulated by the treaties, fulfilling thus his own
engagements, without insisting on the accomplishment of those of
your High Mightinesses. The demand was never made, until after
the united forces of France and Spain showed themselves ready to
fall upon England, and there attempt a descent by the assistance
of a formidable fleet. Although frustrated in this enterprise,
the enemies of the King meditate still the same project; and it
is by the express order of his Majesty, that the undersigned
renews, at this time, in a manner the most formal, the demand of
the succors stipulated by different treaties, and particularly by
that of the year 1716.
"Hitherto your High Mightinesses have been silent upon an article
so essential; at the same time, you have insisted on a forced
construction of the treaty of commerce of the year 1674, against
the abuse of which Great Britain has protested at all times. This
interpretation cannot be reconciled to the clear and precise
stipulations of the secret article of the treaty of peace of the
same year. An article of a treaty of commerce cannot annul an
article so essential of a treaty of peace, and both are expressly
comprehended in the principal treaty of alliance of 1678, by
which your High Mightinesses are obliged to furnish to his
Majesty the succors, which he now demands. You are too just and
too wise not to feel, that all the engagements between powers
ought to be mutually and reciprocally observed, and although
contracted in different periods, they oblige equally the
contracting parties. This incontestible principle applies itself
here with so much the more force, as the treaty of 1716 renews
all the anterior engagements between the Crown of England and
the Republic, and incorporates them, as it were, together.
"Moreover, the subscriber had orders to declare to your High
Mightinesses, that he was ready to enter into conferences with
you, to regulate in an amicable manner all which might be
necessary to avoid misunderstandings, and prevent every
disagreeable occurrence, by concerting measures equitable and
advantageous for the respective subjects.
"This friendly offer was refused, in a manner as unexpected as it
was extraordinary and unusual among friendly powers; and without
taking notice of repeated representations, both public and
secret, upon the subject of convoys, your High Mightinesses have
not only granted convoys for different kinds of naval stores, but
you have moreover expressly resolved, that a certain number of
vessels of war should be held ready to convoy in the sequel naval
stores of every species, destined for the ports of France; and
this at a time when the subjects of the Republic enjoyed by the
force of treaties, a freedom and an extent of commerce and of
navigation far beyond that, which the law of nations allows to
neutral powers. This resolution, and the orders given to Admiral
Byland, to oppose himself by force to the visits of merchant
ships, have given place to the incident, which the friendship of
the King would have greatly desired to have prevented; but it is
notorious, that this Admiral, in consequence of his instructions,
first fired upon the sloops bearing the English flag, which were
sent to make the visit in the manner prescribed by the treaty of
1674. It was then a manifest aggression, a direct violation of
the same treaty, which your High Mightinesses seem to look upon
as the most sacred of all. His Majesty has made beforehand
repeated representations of the necessity and justice of this
visit, practised in all similar circumstances, and fully
authorised by this treaty. They were informed in London, that
there were in the Texel a great number of vessels loaded with
naval stores, and particularly with masts and large ship timber,
ready to set sail for France immediately after, or under, a Dutch
convoy. The event has but too fully proved the truth of these
informations, since some of these vessels have been found even
under this convoy. The greatest number have escaped, and have
carried to France the most efficacious succors, of which she
stood in the greatest necessity.
"At the same time your High Mightinesses thus aided the enemy of
the King, by favoring the transportation of these succors, you
imposed a heavy penalty upon the subjects of the Republic, to
restrain them from carrying victuals to Gibraltar, although this
place was comprehended in the general warranty of all the British
possessions in Europe, and although at that time Spain had vexed
the commerce of the Republic, in a manner the most outrageous and
unexampled.
"It is not only on these occasions, that the conduct of your High
Mightinesses towards the King, and towards the enemy of his
Majesty, forms a most striking contrast in the eyes of all the
impartial world. No one is ignorant of that, which passed in the
too well known affair of Paul Jones. The asylum granted to this
pirate was directly contrary to the treaty of Breda, of 1667, and
even to the proclamation of your High Mightinesses of 1776.
Further, although your High Mightinesses have kept, and still
keep a silence the most absolute, with regard to the just demands
of his Majesty, you have been forward, at the simple request of
the King's enemies, to assure them of an absolute and
unconditional neutrality, without any exception of the ancient
engagements of the Republic, founded upon the most solemn
treaties. Nevertheless the King would still persuade himself,
that all which has passed ought to be attributed less to the
disposition of your High Mightinesses, than to artifices of his
enemies, who, after having excited discord among the members of
the State, seek alternately by menaces and by promises to animate
them against their natural ally. His Majesty cannot believe, that
your High Mightinesses have taken the resolution to abandon a
system, which the Republic has pursued for more than a century,
with so much success and so much glory.
"But if such was the resolution of your High Mightinesses, if you
were determined to forsake the alliance with Great Britain, in
refusing to fulfil the engagements of it, there would arise from
this resolution a new order of things. The King would perceive
such an alteration with a sensible regret; but the consequences,
which would follow from it, would be necessary and unavoidable.
If by an act of your High Mightinesses, the Republic should cease
to be the ally of Great Britain, the relations between the two
nations will be totally changed, and they will no longer have any
other ties or relation than those, which subsist between nations
neutral and friendly. Every treaty being reciprocal, if your High
Mightinesses will not fulfil your engagements, the consequence
will be, that those of his Majesty will cease to be obligatory.
It is in pursuance of these incontestible principles, that his
Majesty has ordered the subscriber to declare to your High
Mightinesses, in a manner the most friendly, but at the same time
the most serious, that, if contrary to his just expectations,
your High Mightinesses do not give him, within the term of three
weeks, to be computed from the day of presentation of this
memorial, a satisfactory answer, touching the succors demanded
eight months ago, his Majesty, considering this conduct as a
departure from the alliance on the part of your High
Mightinesses, will no longer consider the United Provinces in any
other light than that of other neutral powers not privileged by
treaties, and consequently will, without further delay, suspend
conditionally, and until further orders, in regard to their
subjects, all the particular stipulations of the treaties between
the two nations, particularly those of the treaty of 1674, and
will hold himself simply bound by the general principles of the
law of nations, which ought to serve as rules between powers
neutral and not privileged.
JOSEPH YORKE."
On the 24th of March, the States-General made the following answer to Sir Joseph Yorke.
"That their High Mightinesses had resolved to represent to his
Britannic Majesty by the Count de Welderen, their Envoy
Extraordinary, that having seen by the memorial of the
Ambassador, dated the 21st of March, that his Majesty fixed a
term of three weeks to have a satisfactory answer touching the
succors demanded, their High Mightinesses wished to satisfy, as
soon as possible, the desires of his Britannic Majesty, by giving
him a positive answer; but they foresaw, that the form of
government inherent in the constitution of the Republic would not
permit them to complete their answer in the time specified, as
the memorial of the Ambassador, having become an object of the
deliberations of the representative Provinces, it was necessary
to wait the resolution of the several States, the Assemblies of
which were now sitting, or about to sit; that their High
Mightinesses assured themselves, that his Majesty, considering
these reasons, would not persist rigorously in the time fixed, to
the end, that their High Mightinesses might have that of forming
in a manner conformable to the constitution of the Republic (in
which their High Mightinesses had not a right to make any
alteration) an answer to the memorial of the Ambassador, their
High Mightinesses promising to neglect nothing for accelerating,
as much as possible, the deliberations upon the subject, and they
pray the Ambassador to support these representations, with his
good offices, with the King, his master."
Sir Joseph Yorke, after reading this answer, replied, that whatever might be his desire to satisfy the inclinations of their High Mightinesses, the orders of the King, his master, would not permit him upon this occasion; that, however, he doubted not, that they would be equally satisfied by the representations with which their High Mightinesses had charged the Count de Welderen at the Court of London.
I have the honor to be, with great respect, &c.
JOHN ADAMS.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Paris, April 3d, 1780.
Sir,
The fermentation in England has already distressed the administration and overawed some of the members of the House of Commons, but there is room to suspect, that this is chiefly to be attributed to the approach of an election. The petitions are very far from being universal, and the congress of the sub-committees is not yet numerous.
At a meeting of these from York, Surry, Middlesex, Sussex, Gloucester, Hertford, Kent, Huntington, Dorset, Bucks, Chester, Devon, and Essex, from the cities of London, Westminster, Gloucester, and the towns of Newcastle and Nottingham, holden at the St Albans tavern, and afterwards by adjournment at the great room in King Street, St James, on the 11th, 14th, 15th, 17th, 18th, and 20th days of March, 1780, the Reverend Christopher Wyvill in the chair, a memorial was agreed on, containing reasons for a plan of association.
They affirm that there is a despotic system, and they date the commencement of it nearly from the beginning of the present reign, and they say that they have arrived at the crisis, which the wisest of the political writers marked for the downfall of British liberty, when the legislative body shall become as corrupt as the executive, they should have said more corrupt, because that is undoubtedly the fact at present, as well as the case stated by Montesquieu.
They say, that by the unhappy war with America, begotten in the first instance of this despotic system, and nursed with a view of giving completion to it, the fatal influence of the Crown has been armed with more ample means for enslaving Parliament, while the nation has visibly sunk almost into beggary. Never did any country experience so sudden a reverse from prosperity to depression. They state the fall of rents, the accumulation of taxes, and the stagnation of all credit. They then run a long course of reasoning, to show the utility, importance, and necessity, of the several things they recommended to the people of England, which are all comprehended in a few propositions.
1st. They recommend perseverance in the petitions, and an association in support of them.
2dly. A new law for taking the suffrages of the people at elections, to prevent expense and influence.
3dly. To adopt, as part of their general associations, the following propositions.
I. That an examination be made into all the branches of the receipt, expenditure, and mode of keeping and passing accounts of public money.
II. One hundred, at least, of additional members of counties in the House of Commons.
III. That the members of the House of Commons be _annually elected_.
IV. That it is recommended to all voters to support, at the next election, such candidates as shall, by signing the association or otherwise, satisfy them that they will support these regulations in Parliament.
In the Middlesex committee, at the Masons' tavern, March 24th, this circular letter and the memorial it contained were unanimously approved, and their members in the general Congress thanked. In the Westminster committee, King's Arms tavern, Palace yard, March 15th, 1780, it was resolved, "that by the resolution of the general meeting, directing this committee to prepare a plan of association on legal and constitutional grounds, to support the laudable reform, and such other measures as may conduce to restore the freedom of Parliament, this committee conceive themselves bound to enter into the consideration of every question tending to establish the independency of Parliament on a solid and durable basis. That the duration of Parliament, and the state of the representatives of the people, are questions immediately under this description; that a sub-committee, consisting of seven persons, be appointed to inquire into the state of the representation of the nation and make a report." On the 20th of March, the sub-committee reported. The report is dated the 19th. "That new Parliaments to be holden once in every year were the ancient usage, and declared to be the hereditary and indefeasible right of the people of England; that the 6th of William and Mary is the first, which attempts to appoint the time of the continuance of Parliament to be for the term of three years, though the same act recognises the ancient laws and statutes of this kingdom, by which annual Parliaments were confirmed, and declares that frequent and new Parliaments tend very much to the happy union and good agreement of the King and people; that by the 1st of George the First, the Parliament then chosen for three years, (by acquiescence of the people to the act of William and Mary, on the faith of its declaring, that from henceforth, no Parliament whatsoever, that shall at any time hereafter be called, assembled, or held, shall have any continuance for longer than three years only at the furthest,) did pass an act to prolong its continuance to seven years; that temporary considerations are stated in the preamble to the act, as the principal motives for the act itself, that the 6th of William and Mary is worded as if declaratory of what was conceived, however falsely, to have been the constitution of the country; but that the septennial act assumes a power of altering the duration of Parliament at pleasure; that these alterations in the constitution of Parliament were made without communication with the constituent body of the people, and have been continued without the sanction of their approbation; that the septennial bill was strongly opposed in Parliament, and a direct infringement on the constitution, and a flagrant breach of trust towards the constituent body; that it was supported almost entirely on the principle of expediency; that the voice of the people appeared strongly against it, in many respectable petitions to Parliament on the occasion, and that a constitutional protest was entered by the Peers, stating, that frequent Parliaments were the fundamental constitution of the kingdom; that the House of Commons ought to be chosen by the people, and when continued for a longer time than they were chosen for, they were then chosen by the Parliament and not by the people; that they conceived the bill, so far from preventing corruption, would rather increase it, for the longer a Parliament was to last, the more valuable to corrupt ones would be the purchase, and that all the reasons which had been given for long Parliaments might be given for making them perpetual, which would be an absolute subversion of the third estate; that various motions were afterwards made and strongly supported for a repeal of the septennial act, particularly a motion for annual Parliaments in 1774, which was lost only by a majority of thirtytwo; that the city of London and other respectable bodies continued to instruct their representatives to prosecute this object in the most vigorous manner, as essentially necessary to the independency and integrity of Parliament, the rights of the people, and the prosperity of their country; that by the 8th of Henry Sixth, the Parliament, then elected by the commonality at large, passed an act to disfranchise the greater part of their constituents, by limiting the right of election of Knights of the Shire to persons having free lands, or tenants, to the value of forty shillings by the year, at the least, which restriction has ever since continued; that many towns and boroughs, formerly entitled for their repute and reputation, to send members to Parliament, have since fallen into decay, yet continue to have a representation equal to the most opulent counties and cities, while other towns and places, which have risen into consideration, and become populous and wealthy, have no representatives in Parliament; that the number of the inhabitants of England and Wales is above five millions; that of these, twelve hundred thousand are supposed capable of voting, as the constitution stood before the restrictive act above quoted; that not more than two hundred and fourteen thousand are at present permitted to vote; that out of these, one hundred and thirty thousand freeholders elect ninetytwo members for fiftytwo counties; fortythree thousand citizens, freemen and others, elect fiftytwo members for twentythree cities and two universities, and fortyone thousand electors choose three hundred and sixtynine members for one hundred and ninetytwo towns and boroughs; that fifty of these members are returned by three hundred and forty electors; and a number scarcely above six thousand, being a majority of the voters of one hundred and twentynine of the boroughs, return two hundred and fiftyseven representatives, which is a majority of the whole English House of Commons, and the efficient representation of above five millions of people; that many of these boroughs are immediately under the influence of the Crown, as the cinque ports; many of them are private property, affording hereditary seats, as those under burgage, tenure, and some of them almost without houses or inhabitants, as Galton, Newtown, and Old Sarum; that considering the representation with reference to property, many counties return representatives out of all proportion to what they contribute to the public revenue; that Cornwall pays to land tax and subsidy, sixteen parts out of five hundred and thirty, and sends fortyfour members to Parliament, while Middlesex pays not less in proportion than two hundred and fiftysix, and sends eight members; so that the inequality of the representation of this country, with regard to property, is still greater than when estimated according to the numbers of its inhabitants." The Westminster committee after considering this report, Mr Fox in the chair, came to the following resolutions.
"1. That annual Parliaments are the undoubted right of the people of England, and that the act which prolonged their duration was subversive of the constitution, and a violation on the part of the representatives, of the sacred trust reposed in them by their constituents.
"2. That the present state of the representation of this country is inadequate to the object, and a departure from the first principles of the constitution.
"3. That thanks be given to the sub-committee for their very intelligent report.
"4. That copies of it be sent to the several committees of the counties, cities, and boroughs of the kingdom."
I have been thus particular in stating the proceedings of these committees, because it must be an advantage for Congress to have them all in view, and to see the whole of the foundation that is laid. They are some of the most important proceedings of the present reign; they are the commencement of a new sovereignty in opposition to the old. If there is virtue or good sense in the nation, these machines will discover it and set it in motion, and provided the war continues, it will prevail; but if there is neither virtue or sense remaining, or not enough of these to produce the desired effect, it will probably be the last national effort made in favor of liberty, and despotism will range at large.
If the King would make peace now, he would dissipate all these combinations in England, Ireland, and Holland, as well as prevent the treaty with Spain, (which I believe is in a good way, from a letter which I lately saw from Mr Carmichael,) from giving advantages, to Spain, and disadvantages to England, which can never be altered. But if he continues the war long, if he should have signal successes, these may dispel the storms in England and Ireland; but if he should be unsuccessful, the new sovereignty will probably prevail against him, after involving the three kingdoms in confusion and blood.
I have the honor to be, &c.
JOHN ADAMS.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Paris, April 4th, 1780.
Sir,
There is an anecdote from Malaga, which ought to be mentioned to Congress, because, it cannot fail to have serious consequences.
The Swedish frigate, the Illerim, of thirtyfour guns, commanded by Captain Ankerloo, on the 28th of February, at half after eight o'clock at night met an English privateer belonging to Minorca, of twentyeight guns. The Swedish Captain, after hailing the privateer, let her continue her course, and went on quietly his own; about half an hour after the privateer returning, ranged herself astern of the frigate, and unexpectedly discharged both his broadsides, loaded with langrage, which killed three sailors, broke the thigh and the right leg of the Captain, wounded the Lieutenant and some people of the crew. Ankerloo, who in the evening had been obliged by a violent gale of wind to draw in his guns and shut up his ports, not finding himself prepared for battle, his officers took immediate measures, with the utmost alertness, for repulsing the privateer, which did in fact at last receive one broadside from the frigate; but, upon the whole, she escaped in the night, by the force of sails and of oars. After this perfidy on the part of the English, Ankerloo would have entered Marseilles for the sake of dressing his wounds, but having met with contrary winds and bad weather for three days, he put into Malaga, where he went ashore to the house of the Swedish consul, where he is since dead of his wounds.
I have the honor to be, with the greatest respect, &c.
JOHN ADAMS.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Paris, April 6th, 1780.
Sir,
It may be necessary to transmit the decree of Sir James Mariott, against the Dutch ship la Sybellina Hillegonda, in order fully to comprehend the proceedings, which I have sent before. The decree is this.
"The fact in this case is, a Dutch ship loaded with naval stores, for a port in France, under the convoy of not less than five men-of-war, and the commander of these men-of-war, not measuring his conduct by the line of the treaty, resists, fires upon the boat of the English Commodore, and forbids the execution of the treaty. The English Commodore returns the fire. The Dutch Admiral fires again, and strikes; so that the fact is to be adjusted, and it is of such a nature as has never before happened in the history of this nation. It falls unfortunately to my share, to decide upon these facts and their consequences.
"It is, nevertheless, a consolation, that although the judge of this court may decide, in the first instance, there is still a superior tribunal, in the last resort. This court ought to judge of the case of the treaty, since, in virtue of a special commission, under the great seal of the kingdom, the judges of the courts of admiralty are authorised and required to take cognizance of, and proceed judicially in all manner of captures, seizures, prizes, and reprisals, and decide upon them according to the course of the admiralty and the law of nations.
"The claimant disdains to found his right in any other way than upon the treaty. My idea is, that all the marine treaties, which subsist between two friendly powers, form but one code of laws, one great confederation, one indivisible union. They are, if it is lawful to make use of these sacred words, the Bible, the Book, or the Testament of the social contract between the nations, to be maintained inviolably, as a system, whereof we cannot break one part without dissolving the whole.
"The Dutch subjects have, in virtue of the treaty, particular privileges, superior to those of every other country, but they may overleap the bounds of these privileges, and from that time they ought to be weighed in the balance, like other neutral nations. To be found under a convoy is not, in itself, an infraction of the treaty, but the conduct of this convoy is to be considered.
"The fifth article of the treaty of 1674 is reciprocal. 'If any ship, belonging to the subjects of his Majesty of Great Britain, shall in open sea, or elsewhere, out of the dominions of the said States, meet any ships of war of the Lords the States, or privateers belonging to their subjects, the said ships of the Lords the States, or of their subjects, shall keep at a convenient distance, and only send out their boat, with two or three men only, to go on board such ships or vessels of the subjects of his Majesty, in order that the passport, or sea-brief, concerning the property thereof, according to the form hereunder annexed, may be produced to them, by the captain or master of such ship or vessel, belonging to the subjects of his Majesty; and the said ships, so producing the same, shall freely pass; and it shall not be lawful to molest, search, detain, or force such ship from her intended voyage. And the subjects of the Lords the States shall enjoy in all things, the same liberty and immunity, they in like manner showing their passport, or sea-brief, made out according to the form prescribed at the foot of this treaty.'
"The sixth article is, 'If any ship or vessel, belonging to the English or other subjects of Great Britain, shall be met making into any port belonging to an enemy of the Lords the States, or, on the other side, if any ship belonging to the United Provinces of the Netherlands, or other subjects of the Lords the States, shall be met in her way, making into any port under the obedience of the enemies of his said Majesty, such ships shall show, not only a passport, or sea-brief, according to the form hereunder subscribed, wherewith she is to be furnished, but also her certificate or cocket, containing the particulars of the goods on board, in the usual form, by the officers of the customs of that port, from whence she came; whereby it may be known whether she is laden with any of the goods prohibited by the third article of this treaty.'
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The Diplomatic Correspondence of the American Revolution, Vol. 04Chapter M: Genet to John Adams (3)
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